You ask whether certain information is subject to required public disclosure under chapter
552 of the Government Code. Your request was assigned ID# 134614.

The Texas Workers' Compensation Commission (the "commission") received a request for
the findings of an investigation undertaken in response to the requestor's complaints about
fellow employees. You claim that the requested information is excepted from disclosure
under sections 552.101, 552.108, and 552.111 of the Government Code. We have
considered the exceptions you claim and reviewed the submitted information.(1)

You assert that the requested information is an investigation file maintained by the Division
of Compliance and Practices (the "division"), and that the file is excepted from disclosure
under section 552.101 of the Government Code in conjunction with section 402.092 of the
Labor Code. Section 552.101 of the Government Code excepts from disclosure "information
considered to be confidential by law, either constitutional, statutory, or by judicial decision."
Section 552.101 encompasses information deemed confidential by other statutes. Section
402.092 of the Labor Code provides:

(a) Information maintained in the investigation files of the
commission is confidential and may not be disclosed except:

(1) in a criminal proceeding;

(2) in a hearing conducted by the commission;

(3) on a judicial determination of good cause; or

(4) to a governmental agency, political subdivision, or regulatory
body if the disclosure is necessary or proper for the enforcement
of the laws of this or another state or of the United States.

. . . .

(d) For purposes of this section, "investigation file" means any
information compiled or maintained by the commission with
respect to a commission investigation authorized by law.

Pursuant to chapter 414 of the Labor Code, the division monitors the conduct of persons
subject to the Texas Workers' Compensation Act for compliance with statutes and rules
relating to workers' compensation. According to section 414.005 of the Labor Code, "the
division shall maintain an investigation unit to conduct investigations relating to alleged
violations of this subtitle [Texas Workers' Compensation Act] or commission rules . . . ."
Labor Code § 414.005. You state that the requested information concerns the possible
violation of the Texas Workers' Compensation Act and the commission's rules
implementing the Texas Workers' Compensation Act. The submitted information reflects
that the investigation included alleged violations of section 402.006 of the Labor Code which
prohibits a commission employee from accepting a gift from a person having an interest in
a matter before the commission. See Labor Code § 402.006.(2)

Generally, the commission's own investigations of internal personnel matters is not an
investigation into workers' compensation laws. However, portions of the submitted
information includes an investigation of alleged violations of the Texas Workers'
Compensation Act. Thus, we agree that the portions of the investigation file pertaining to
alleged violations of the Texas Workers' Compensation Act are confidential under section
402.092. Therefore, the commission must withhold portions of the investigation file from
disclosure pursuant to section 552.101 in conjunction with section 402.092 of the Labor
Code.

However, the submitted information also includes an investigation into allegations that a
commission employee falsified documents. You have not provided this office, and we have
not found, a provision in the Texas Workers' Compensation Act or a commission rule that
pertains to this allegation. Therefore, we conclude that the allegation of falsified documents
concerns an investigation into personnel matters not contemplated by section 402.092 of the
Labor Code. Therefore, we conclude that you may not withhold the marked information
from disclosure under section 552.101.

You also assert that the submitted information is excepted from disclosure under section
552.108. You claim that the "information is related to the Commission's duty to enforce its
policies to ensure that the conduct of the persons subject to the Act is in compliance with
Commission rules, the Act, and other laws relating to workers' compensation." You cite
A & T Consultants, Inc. v. Sharp, 904 S.W.2d 668 (Tex. 1995) as authority for your
assertion that the information is excepted from public disclosure by section 552.108 of
the Government Code. In A & T Consultants, the Texas Supreme Court held that the
Comptroller could withhold from disclosure audit papers pursuant to section 552.108 to
protect the Comptroller's interest in enforcing the tax laws. Id. at 677. We note that, in the
present case, the investigation concerning falsified documents was not forwarded for
criminal investigation. Thus, we decline to extend A & T Consultants to the commission's interest in policy or civil enforcement. See Open Records Decision Nos. 434 at 2 (1986), 287 at 2 (1981) (whether information falls within section 552.108 must be determined on a
case-by-case basis). Therefore, the marked information may not be withheld under section
552.108 of the Government Code.

You next assert that the information is excepted from disclosure under section 552.111 of
the Government Code. This section excepts from required public disclosure interagency
and intra-agency memoranda and letters, but only to the extent that they contain advice,
opinion, or recommendation intended for use in the entity's policymaking process. Texas
Department of Public Safety v. Gilbreath, 842 S.W.2d 408 (Tex. App.-Austin 1992, no
writ); Open Records Decision No. 615 at 5 (1993). The purpose of this section is "to protect
from public disclosure advice and opinions on policy matters and to encourage frank and
open discussion within the agency in connection with its decision-making processes." Austin
v. City of San Antonio, 630 S.W.2d 391, 394 (Tex. App.-San Antonio 1982, writ ref'd n.r.e.)
(emphasis added). However, an agency's policymaking functions do not encompass internal
administrative or personnel matters, as disclosure of information relating to such matters
will not inhibit free discussion among agency personnel as to policy issues. Open Records
Decision No. 615 at 5-6 (1993). As previously noted, portions of the submitted materials
concern commission personnel matters. Therefore, we conclude that the commission may
not withhold the marked information under section 552.111 of the Government Code. City
of Garland v. Dallas Morning News, 43 Tex. Sup. Ct. J. 303 (Jan.13, 2000); Lett v. Klein
Indep. Sch. Dist., 917 S.W.2d 455 (Tex. App.-Houston [14th Dist.] 1996, writ denied)
(records relating to problems with specific employee do not relate to making of new policy
but merely implement existing policy). Accordingly, the commission must release the
marked information.

This letter ruling is limited to the particular records at issue in this request and limited to the
facts as presented to us; therefore, this ruling must not be relied upon as a previous
determination regarding any other records or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the
governmental body and of the requestor. For example, governmental bodies are prohibited
from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the
governmental body wants to challenge this ruling, the governmental body must appeal by
filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the full
benefit of such an appeal, the governmental body must file suit within 10 calendar days. Id.
§ 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the
governmental body does not comply with it, then both the requestor and the attorney general
have the right to file suit against the governmental body to enforce this ruling. Id.
§ 552.321(a).

If this ruling requires the governmental body to release all or part of the requested
information, the governmental body is responsible for taking the next step. Based on the
statute, the attorney general expects that, within 10 calendar days of this ruling, the
governmental body will do one of the following three things: 1) release the public records;
2) notify the requestor of the exact day, time, and place that copies of the records will be
provided or that the records can be inspected; or 3) notify the requestor of the governmental
body's intent to challenge this letter ruling in court. If the governmental body fails to do one
of these three things within 10 calendar days of this ruling, then the requestor should report
that failure to the attorney general's Open Government Hotline, toll free, at 877/673-6839.
The requestor may also file a complaint with the district or county attorney. Id.
§ 552.3215(e).

If this ruling requires or permits the governmental body to withhold all or some of the
requested information, the requestor can appeal that decision by suing the governmental
body. Id. § 552.321(a); Texas Department of Public Safety v. Gilbreath, 842 S.W.2d 408,
411 (Tex. App.-Austin 1992, no writ).

If the governmental body, the requestor, or any other person has questions or comments
about this ruling, they may contact our office. Although there is no statutory deadline for
contacting us, the attorney general prefers to receive any comments within 10 calendar days
of the date of this ruling.

1. We have also reviewed the correspondence sent to this office by the requestor. See Gov't Code § 552.304 (providing that member of public may submit written comments stating reasons why information should or should not be released). We note that the requestor asserts that this is "not just an open records matter" and asserts that a legal question exists as to whether her civil rights were violated. However, this office can only address the applicability of the exceptions to public disclosure claimed by the commission to the submitted information.

2. Section 402.006 of the Labor Code is in Subtitle A which is the Texas Workers' Compensation Act. See Labor Code § 401.001.